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Assunto: [riscoedireito] 'Regulatory czar' nomination (Sunstein) clears Senate panel
De: "alceu mauricio jr"
Data: Qua, Maio 20, 2009 20:57
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O Prof. Alceu Mauricio Jr, doutorando de direito da Puc-rio, envia a seguinte matéria que é importante para o grupo de pesquisa risco e direito da Puc-rio.
'Regulatory czar' nomination clears Senate panel
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» Links to this article By JENNIFER C. KERR
The Associated Press
Wednesday, May 20, 2009; 12:58 PM
WASHINGTON -- Harvard law professor Cass Sunstein won committee
approval from a Senate panel on Wednesday _ moving the renowned legal
scholar closer to becoming the nation's "regulatory czar."
Sunstein would lead the Office of Information and Regulatory
Affairs, an obscure but powerful office that clears, helps revise or
rejects new rules proposed by the major federal agencies.
His nomination now heads to the full Senate after clearing the Homeland Security and
Governmental Affairs Committee. Sen. Tom Coburn, R-Okla., was the lone vote against
President Barack Obama chose Sunstein, a friend and former colleague
from the University of Chicago, for the post last month. Small business
groups have praise for him, but critics scoff at his support for
cost-benefit analysis as a tool in assessing regulations.
It's hard to put a price on certain benefits such as
deaths avoided or clean air, says Matt Madia, a policy analyst at OMB
Watch, a private watchdog group that scrutinizes federal management.
"The biggest fear is that it (cost-benefit analysis) will be used as
the only factor that a government official uses to make their
decision," Madia said.
His group was more encouraged after Sunstein's testimony last week.
During his nomination hearing, Sunstein pledged an "inclusive and
"Cost-benefit analysis shouldn't put regulation in an arithmetic
straitjacket," said Sunstein. "There are values _ moral,
distributional, aesthetic, and otherwise _ that have to play a part in
the overall judgment about what's to be done."
Sunstein also promised "more plain English" in the regulatory process and he sought
to allay concerns raised by Sen. Susan Collins,
R-Maine, who said Sunstein had been quoted as saying that hunting
should be banned. The remark, Sunstein said, was meant as a
He added that he believes the Second Amendment protects the right to hunt and that
he does not want to ban hunting.
The office Sunstein would head, OIRA, is housed within the White
House Office of Management and Budget. Before proposing regulations,
agencies must submit their plans to OIRA for review to make sure they
are consistent with the president's priorities. OIRA can clear the
rule, ask for changes, or reject it altogether.
Sunstein earned two degrees from Harvard and clerked for Supreme
Court Justice Thurgood Marshall. He has written more than 20 books and
hundreds of scholarly articles.
Sunstein is married to Samantha Power, a Pulitzer Prize-winning
author who called Hillary Rodham Clinton "a monster" while working to
elect Obama. She resigned over the remark but later returned to work as
a senior foreign policy adviser to Obama.